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(영문) 수원지방법원 2015.06.03 2014노7204
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of assertion of mistake of facts, the Defendant entered the victim’s residence with the victim’s permission, and demanded the victim to pay money to the victim by sitting on the floor of the living room.

At the time, only the victim's wife only told the defendant that he would go, and did not speak about the repayment plan. Since the victim only Handphones and did not speak, the victim continued to pay money to the victim because the victim was about five minutes, he was seated on the floor as it is.

However, the victim's wife continuously demanded the withdrawal from the victim, and the defendant tried to leave the victim thereafter, but rather, the victim did not leave the victim so as to prevent the victim from going out of the front of the entrance.

Nevertheless, since the court below recognized the defendant's non-compliance with the withdrawal, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. As above, the Defendant asserted the misapprehension of the legal doctrine merely refers to a legitimate act that does not go against the social norms under the Criminal Act, since the Defendant entered the victim’s house with the victim’s permission and did not go about five minutes to talk about the purpose of the visit.

Nevertheless, the court below found the defendant guilty, which erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the victim, who entered the police as the house, was able to sit in the ward.

Although he and his wife continued to receive the defendant, he did not go to the defendant.

The defendant shall make a telephone to the Gap-gun in the middle.

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